How Do I Build A Strong Custody Case?

How Do I Build A Strong Custody Case?

If you are thinking of divorce and wanting primary custody of your child, here is how you can build a robust child custody case:

  1. Provide evidence that you are an ideal parent who can take care of the child’s best interests
  2. Prove that the other parent is not an ideal parent
  3. Prove that you have a deep and meaningful relationship with your child
  4. Demonstrate that you have created a workable parenting plan

First off, to build a strong custody case, you need to hire an experienced, successful, and effective child custody attorney who has resolved many custody battles to the satisfaction of clients – before the cases went to trial. Of course, high-conflict cases invariably end up in the courts and there is nothing one can do about that. But when it comes to regular child custody cases, your attorney should demonstrate how he has amicably resolved cases similar to yours in the pre-trial stage.

Hiring the right family law attorney is 99% of the battle won.

That said, if you are thinking about divorce and want primary custody of your child, here is how you can build a robust child custody case:

1. Provide Evidence That You Are An Ideal Parent Who Can Take Care Of The Child’s Best Interests

You can prove to the courts that you are an ideal parent who acts in the best interests of the child by establishing that:

  • You can provide your child with a safe, stable, and secure home after the divorce – a home in which your child will get adequate space and his/her needs and comforts will be taken care of. “Needs and comforts” include clothing, food, shelter, medical insurance, regular medical checkups, hobbies, and more, depending upon the standard of living that the child enjoyed when his parents were married.
  • Your monthly income is sufficient to operate the home and take care of the child.
  • You can always be present, engage yourself actively, and be attentive anytime when the child needs you. To convince the courts that you will be a responsible parent, you can keep records of instances when the child needed you and how you were always there for him/her.
  • You are fair to the other parent.
  • You are fit (physically and mentally) to take care of the child.
  • You have not neglected the child during the marriage and will not neglect him in the post-divorce period.
  • You have witnesses who can testify that you have been an ideal parent.

2. Prove That The Other Parent Is Not An Ideal Parent

The courts believe that a child needs the love and care of both parents to become a responsible and productive adult. So, if the other parent is a regular person with regular flaws that all humans have, then you have to be fair to his/her custodial rights and don’t have to point out flaws in his/her parenting skills.  

Unless, of course, the other parent’s parenting style is such that it can harm the child physically or emotionally. If the other parent is unfit to take care of the child, you can provide evidence of his/her:

  • Substance abuse
  • Criminal activity or association with criminals or dangerous people
  • Domestic violence (emotional/physical) against you or the child
  • Neglect
  • Threats
  • Irresponsible or reckless behavior that endangered the child
  • Abandonment
  • Alienation
  • Violation of court orders
  • (And any other activity that placed the child in imminent danger)

3. Prove That You Have A Deep And Meaningful Relationship With Your Child

  • Demonstrate how you have supported your child’s education and extracurricular activities.
  • Show how you have fulfilled your parenting duties. (You can prove this and the first point by providing the courts with a journal that details how you have devoted time to the child)
  • Cooperate with the guardian ad litem (if the court appoints one) or evaluator and provide evidence to him/her about the time you have spent on the child’s upbringing and how it has favorably impacted the child’s life.
  • Show how you have contributed financially to the child’s upbringing (if you are employed or own a business).
  • Produce witnesses (neighbors, teachers, etc.) who will testify that you are a good parent.

4. Demonstrate That You Have Created A Workable Parenting Plan

Create a solid and practical parenting plan and show the courts how you place the child’s best interests over your own, and how you are ensuring that the pain of divorce does not rub off on the child. Ensure that your parenting plan:

  • Has a joint custody or visitation schedule that is easy on the child and fair to the other parent
  • Details how the parents will communicate with each other so that the shared parenting routine becomes easy to execute
  • Details how the parents will make major decisions about the child
  • Details how the child’s finances (child support sharing) are planned in such a way that the child’s needs and comforts are always provided for
  • Shows how the child’s best interests will be taken care of
Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
Brown Family Law
Based on 807 reviews
I would hands down suggest Brown Family Law. Nathaniel helped me with my divorce, and he was very knowlegeable and knows his stuff. He helped me file a motion, get somethings changed in the original decree, helped me understand the terms they use, helped me understand how child support is calculated along is all the financial aspects associated with divorce case. He also is very responsive to phone calls and emails which was very helpful whenever I had small questions. Thank you Nathaniel!
Response from the owner: Andrew, thank you for your kind words.
I can’t say enough good things about Brown Family Law, but more specifically, my lawyer David Handy and his paralegal Dani. They are kind and honest and always available to me when I’ve needed them! This is such an exhausting time and they alleviated all of my stress by taking control. I could trust the process knowing I was in great hands!!! The entire law firm works as a team to take care of you! I can’t recommend them enough! Thank you!!!
Response from the owner: Ryan, so glad David and Dani served you so well and alleviated your stress.
They handled my case with the highest degree of professionalism and integrity and made every effort to be efficient and transparent with me throughout the whole process. I was told that they were the best as far as family law is concerned and I believe that praise was fully justified.
Response from the owner: Ben, thank you.
Amber McFee is always professional and great to work with. Being opposing counsel by nature is adversarial, but Amber is professional in approach while effectively advocating for her clients. She will treat you right!
Response from the owner: Thank you, Jonathan.
Overall from start to finish the best experience to have dealing with a time that is difficult.Andrew Christensen is very professional and out going to make this situation the best it could be and worked hard to make sure the divorce was fair for me.Over all, this firm really cares and treats you as a family or friend and just not a client, down to Marco Brown taking time to see how I was doing and offer to help in any way possible during my divorce while I was there for my first initial meeting.I would highly recommend anyone that has to go through a divorce to really reach out to the Brown Family Law firm and see for your self the experience I was able to receive from a top notch law firm.
Response from the owner: Devin, thank you for the kind words. Andrew appreciated the opportunity to help you with your situation.
Sophie was very helpful and explains the process and fees. Thank you!
Response from the owner: Corey, thank you for the kind words. Glad we could help.
Dani always kept me updated and has great communication skills.
Response from the owner: Thank you, Sofia.
Dani was extremely helpful and always responsive.
Response from the owner: Glad Dani did well for you.
My experience with Brown Family Law is a positive one. I highly recommend them. This firm has very good communication with their clients. Attorney Paul Waldron represents me and I’m very happy with the experience. My questions and concerns are always answered quickly and respectfully. I’m grateful to have Mr. Waldron and Brown Family Law in my corner during this difficult time for my family.
Response from the owner: Jodie, glad we were able to communicate with you so effectively and quickly. Thank you for your kind words.
I recently used Clay in a divorce case and could not have been happier. He was efficient, knowledgeable, and made me feel like I was his only client. The process was easy and he was always there to reassure me or help me with decisions. I would highly recommend Brown Family Law.
Response from the owner: Thank you, Mendi.